Getting hurt in a pedestrian accident can cause you a lot of physical, mental, and financial problems. It doesn’t matter how bad your injuries are; you need to file a claim to get compensation for your medical bills, lost wages, and other damages. However, you need to take a few important steps to file a pedestrian accident claim and improve your chances of success.
For an easier process, consulting with a pedestrian accident lawyer in your area can help you avoid making common mistakes and get the right proof. A good lawyer will ensure your claim is handled properly and give you the best opportunity to get the compensation you deserve.
Keep these five important things in mind as you move forward with your pedestrian accident claim.
1. File Your Claim Within the Legal Timeframe
In each state, you have a certain amount of time to file a claim after a pedestrian accident. Typically, you have two years from the accident date to file a case. If you don’t file within this time frame, you could lose your right to compensation.
It is best to start the process as soon as possible. It’s easier to get evidence and witness statements when done promptly since memories fade and details are lost over time. You will also be sure to meet all legal deadlines if you act quickly.
2. Gather Strong Evidence to Support Your Claim
The evidence you provide is very important to the success of your claim. First, get a police report immediately after the accident. This report serves as a record of what happened and can help prove who was at fault.
Other important pieces of evidence are:
• Photos of the accident scene, your injuries, and any property damage.
• Medical records that show how bad your injuries are and how you were treated.
• Witness names and statements.
• Documentation of the income lost due to your inability to work.
Insurance companies will find it harder to dispute your case if you have solid evidence to back up your claim.
3. Determine Liability for the Accident
An important part of a pedestrian accident claim is establishing who was at fault. In some situations, only the driver who caused the accident may be responsible. However, more than one person or group could be responsible, including:
• Drivers for speeding, texting, or going through red lights.
• Property owners for sidewalks that aren’t safe, potholes, or poor maintenance.
• Vehicle manufacturers if a defect caused the accident.
If the pedestrian is partly to blame, such as crossing against a red light, comparative negligence rules may still let them get compensation. A lawyer can assess your case and identify all liable parties.
4. Be Careful When Dealing with Insurance Companies
You will probably have to deal with the driver’s insurance company after the accident. Be cautious during these interactions. Insurance adjusters often try to pay out as little as possible, and they may use what you say against you.
Do not agree to:
• Recorded statements without first talking to a lawyer.
• Signing medical release forms that allow your insurance company access to your medical records.
• Quick offers of settlement before you know how bad your injuries are.
A pedestrian accident lawyer can talk to the insurance company on your behalf to protect your rights and make sure you get fair compensation.
5. Understand How Compensation Is Calculated
The amount of money you get will depend on a number of factors that are unique to your case. These include:
• How bad your injuries are and how much your hospital bills are.
• How the accident changed your daily life and your ability to work in the long run.
• The emotional pain and suffering it caused.
In addition to direct costs, such as medical bills and lost wages, you may also get compensation for future treatment or reduced working capacity.
